Without objection from taxpayer, the department has requested that the statement of
procedural history of the case be corrected to state that taxpayer's concession to the department's
counterclaim regarded only the receipts factor of the apportionment calculation. Accordingly, the
second sentence of the Opinion paragraph immediately preceding the section entitled "II.
FACTS" located at page 3 of the court's Opinion is amended to read: At trial, taxpayer conceded
defendant's counterclaim regarding the application of certain administrative rules in calculating
taxpayer's liability under the receipts factor of the apportionment calculation.

IT IS ORDERED that Defendant's Motion for Reconsideration is granted, and

IT IS FURTHER ORDERED that the court's Opinion entered October 16, 2003, is
modified as set out above.